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Technology Sourcing and Outsourcing: Negotiating Key Risks on Due Diligence, Scope (including Agile), Relief Notices, IP, Suspension/Step-in, Termination and Liability

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Practice notes
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Technology products, solutions and services sit at the heart of almost every business, appearing in many guises. They differ in scale, complexity and worth, spanning major outsourcing and managed services through to ‘as a service’ offerings delivered via the cloud and on‑premise software licences. Nonetheless, certain contractual themes recur, with customers and suppliers holding reasonable concerns that must be accommodated if a deal is to be concluded. This Practice Note signposts the issues most frequently encountered and outlines ways disagreements between the parties can be settled.

Adequacy of due diligence

Many technology transactions call for the customer to share information with the supplier before signature, enabling the supplier to define the scope and set an appropriate price. At times, a request for proposal from the customer captures everything; more commonly, the supplier must obtain and review further detail to gain sufficient comfort about what is being agreed. The due diligence process makes this possible...

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Kit Burden
Kit Burden

Kit is one of the UK and Europe's foremost IT and outsourcing lawyers. He works with both customers and suppliers, including various FTSE companies and household names. He is top ranked in both the Chambers and Legal 500 directories and has been named "UK Technology Lawyer of the Year" by Global Legal Experts, and subsequently also named by the Global Sourcing Association as both their “Legal Advisor of the Year” and “Strategic Advisor of the Year”. He is the author and editor of multiple legal publications on technology topics. Since the beginning of 2023 he has also sat on the International Board of DLA Piper...

Web page updated on 22/05/2026

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